Attorneys for Matthew Sheridan are seeking to have his third-degree possession of cocaine charge dismissed.
SOMERVILLE -- Attorneys for Matthew Sheridan filed a motion Tuesday in Somerset County Superior Court seeking the dismissal of an indictment for third-degree possession of cocaine, claiming their client was promised he would not be prosecuted.
According to court documents filed by attorneys Henry E. Klingeman and Ernesto Cerimele, Matthew Sheridan also alleges he is being prosecuted in retaliation for his family's criticism of the investigation into the death of his parents, John and Joyce Sheridan.
The couple was found dead in the burning bedroom of the Montgomery Township they shared with Matthew home on Sept. 28, 2014, in what has been ruled a murder-suicide.
Their four sons have contested that determination, submitting evidence that contradicts the determination that John killed his wife, set their bedroom on fire and then stabbed himself. John Sheridan was the chief executive officer of Cooper Health System and a prominent figure in New Jersey politics.
On the day their bodies were discovered, a small quantity of cocaine was allegedly found in Matthew Sheridan's vehicle after he returned to the home from a fishing trip to Fishers' Island in New York with his friend, William Couch, according to documents filed by Matthew Sheridan's attorneys.
Brother: Sheridan indictment is punishment
The Somerset County Prosecutor's Office and family spokesman Mark Sheridan did not respond to requests for comments. Klingeman, reached Thursday, said he had no further comment. "We said all we wanted to say in our filing," Klingeman stated.
A hearing on the cocaine possession charge is scheduled for June 15 before Somerset County Superior Court Judge Yolanda Ciccone.
The brothers -- including Peter, a federal judge in Newark; Mark, an attorney; John; Timothy; and Daniel -- had come to the Montgomery Township home after learning of the death of their parents. Couch was also present.
While at the home, Mark Sheridan reportedly discussed if they should speak to authorities without the presence of attorneys, according to court documents, which also state the brothers, along with Couch, agreed to be questioned without legal representation after Somerset County Prosecutor's Office Det. William Federico assured them they were not suspects.
Later that afternoon, a Somerset County Superior Court judge issued a probable cause search warrant for Matthew Sheridan's vehicle. In their filing, Klingeman and Cerimele argue that there was no probable cause for the search warrant to be granted.
According to the motion:
- On Oct. 3, 2014, Somerset County Assistant Prosecutor Robert Hawkes told Matthew Sheridan, 41, that charges against him would be dismissed if he agreed to be interviewed. The conversation was put in writing and in a text message to Mark Sheridan.
- The same day, former Somerset County Prosecutor Geoffrey Soriano told Mark Sheridan that Matthew Sheridan wouldn't be prosecuted. Furthermore, Peter Sheridan, the sons' uncle and a federal judge, was assured by Hawkes on Jan. 23, 2015, that Matthew Sheridan wouldn't be prosecuted.
- On March 17, Matthew Sheridan was indicted on a charge of third-degree possession of cocaine by a Middlesex County grand jury.
- The case, which was originally transferred to Middlesex County to avoid a conflict of interest, has been transferred back to be heard in Somerset County Superior Court, but will continue to be prosecuted by the Middlesex County Prosecutor's Office.
Dave Hutchinson may be reached at dhutchinson@njadvancemedia.com. Follow him on Twitter @DHutch_SL. Find NJ.com on Facebook.